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(영문) 광주지방법원순천지원 2017.09.07 2016가합11739
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 1 through 3 (including each branch number; hereinafter the same shall apply);

(ii)each entry in the evidence of Nos. 11 to 14, 17, and 18, and the purport of the whole pleadings;

A. On June 25, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase a total of KRW 1,804,626,00 (hereinafter “first sales contract”) with a unit price of KRW 1,725,00 for rice 1,80,046,160 kilograms, and agreed to pay KRW 260,000 as the contract deposit.

B. On September 3, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase a total of KRW 2,432,750,000 (hereinafter “second sales contract”) with a unit price of KRW 65,750,000 (hereinafter “second sales contract”) and agreed to pay the contract deposit of KRW 243,275,00.

C. On December 6, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase a total of KRW 1,706,412,00 with a unit price of KRW 172,00 (40km) (hereinafter “third sales contract”) and agreed to pay a contract deposit of KRW 341,282,40,00.

Mabal gold amount of KRW 260,000,000 on August 2, 2013, 2013; KRW 338,00,000 on September 243, 2013; KRW 275,000 on December 30, 2013; KRW 338,00,000 on December 30, 2013; KRW 436,750,00 on April 1, 2014; KRW 820,00,00 on June 2, 2014.

D. Meanwhile, the Plaintiff paid money to the Defendant as follows.

2. Claim for damages due to a default on a sales contract;

A. The Plaintiff asserted that the Plaintiff paid KRW 260,00,00 as a contract deposit on August 2, 2013; KRW 436,750,000 as the purchase price; and KRW 820,00 as of April 1, 2014, respectively, to the Defendant. On June 2, 2014, the first sale contract became impossible for the Defendant to implement the first sale contract because he/she arbitrarily disposes of rice in bidding to other business parties and did not deliver it to the Plaintiff. Since the Plaintiff rescinded the first sale contract through the delivery of the preparatory document as of May 11, 2017, the Defendant is obligated to return total KRW 1,516,750,000 to the Plaintiff.

B. (1) First, the Defendant disposed of rice in the check to another customer.

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